Does Infidelity Affect a Divorce Case in Raleigh?

By
Hopper Law Firm, PLLC
|January 21, 2014

In North Carolina, adultery is a ground (legal reason) for filing for
divorce, and naturally, this will have an effect on the case, often making an
already difficult process that much more painful. But does it have any
other influence on the legal process itself? It can, yes, but perhaps
not as much as expected. It may not directly affect
child custody, property division, or
child support, but it will directly influence a judge's decision when it comes to
awarding alimony.

Adultery and Alimony

Now if a cheating spouse is forgiven by the other spouse, then that infidelity
will have no bearing on their case. Otherwise, if a spouse cheated on
the other before they were separated, then this marital misconduct will
be a huge factor when it comes to
alimony. If, for example, a dependent spouse had an affair before the separation,
then they cannot be awarded any alimony, regardless of how much they may
need the financial support. If the supporting spouse cheated, then they
will be ordered to pay alimony to the other spouse. What happens if both
spouses are found guilty of adultery? In this case, a judge would have
to view other factors that relate to alimony, such as each spouse's
income, earning capacity, and debt, as well as how long the marriage lasted
and how much each spouse contributed to marital property, and more.

Property Division and Infidelity

While it is unlikely that an affair will enter into a court's calculations
when it comes to determining child custody, adultery is more likely to
have an effect on the
equitable distribution of marital property. For example, if an unfaithful spouse took his or
her lover on a vacation and gave them gifts, if these gifts were financed
with money from a married couple's joint account, then this could
directly affect the outcome of property division.

If you have further questions about the
divorce process, then do not hesitate to call Hopper, Hopper & Mulligan, PLLC, PLLC today. An experienced
Raleigh divorce attorney can help you understand how the North Carolina's
laws will weigh in on your case, and if you work with our legal team,
you can be confident that you are getting the skilled representation that
you deserve.
Contact our firm today to learn more!

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